83_FR_63652 83 FR 63416 - Safety Zone: Winter on the Waterfront Fireworks Display, Berkeley, CA

83 FR 63416 - Safety Zone: Winter on the Waterfront Fireworks Display, Berkeley, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 236 (December 10, 2018)

Page Range63416-63418
FR Document2018-26607

The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay near Berkeley Marina in support of the Winter on the Waterfront Fireworks Display on December 8, 2018. This safety zone is necessary to protect personnel, vessels, and the marine environment from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port of their designated representative.

Federal Register, Volume 83 Issue 236 (Monday, December 10, 2018)
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63416-63418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26607]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-1017]
RIN 1625-AA00


Safety Zone: Winter on the Waterfront Fireworks Display, 
Berkeley, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay near Berkeley Marina in support 
of the Winter on the Waterfront Fireworks Display on December 8, 2018. 
This safety zone is necessary to protect personnel, vessels, and the 
marine environment from the dangers associated with pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port of their designated representative.

DATES: This rule is effective from 3:00 p.m. to 6:45 p.m. on December 
8, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-1017. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain of the Port
DHS Department of Homeland Security
FR Federal Register
COTP Captain of the Port
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Since the Coast Guard received notice of 
this event on November 7, 2018, notice and comment procedures would be 
impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the Winter on

[[Page 63417]]

the Waterfront Fireworks Display on December 8, 2018, will be a safety 
concern for anyone within a 100 foot radius of the fireworks barge and 
anyone within a 140 foot radius of the fireworks firing site. This rule 
is needed to protect spectators, vessels, and other property from 
hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading, 
staging, and transit of the fireworks barge, until after completion of 
the fireworks display. During the loading and staging of the 
pyrotechnics onto the fireworks barge, scheduled to take place from 
3:00 p.m. to 4:00 p.m. on December 8, 2018, at Berkeley Marina Ferry 
Dock in Berkeley, CA, the safety zone will encompass the navigable 
waters around and under the fireworks barge within a radius of 100 
feet.
    The fireworks barge will remain at Berkeley Marina Ferry Dock until 
the start of its transit to the display location. Towing of the barge 
from Berkeley Marina Ferry Dock to the display location is scheduled to 
take place from 4:30 p.m. to 5:00 p.m. on December 8, 2018, where it 
will remain until the conclusion of the fireworks display.
    At 5:00 p.m. on December 8, 2018, 30 minutes prior to the 
commencement of the two 3-minute fireworks displays, scheduled to start 
at 5:30 p.m. and 6:15 p.m., the safety zone will increase in size and 
encompass the navigable waters around and under the fireworks barge 
within a radius of 140 feet in approximate position 37[deg]51'58'' N, 
122[deg]19'11'' W (NAD 83) for the Berkeley Winter on the Waterfront 
Fireworks Display. The safety zone shall terminate at 6:45 p.m. on 
December 8, 2018.
    The effect of the temporary safety zone is to restrict navigation 
in the vicinity of the fireworks loading, staging, transit, and firing 
site. Except for persons or vessels authorized by the COTP or the 
COTP's designated representative, no person or vessel may enter or 
remain in the restricted areas. These regulations are needed to keep 
spectators and vessels away from the immediate vicinity of the 
fireworks firing sites to ensure the safety of participants, 
spectators, and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via public Notice to Mariners 
to ensure the safety zone will result in minimum impact. The entities 
most likely to be affected are waterfront facilities, commercial 
vessels, and pleasure craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, and (ii) the maritime public will be advised in advance of these 
safety zones via Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

[[Page 63418]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone of limited size and duration. It is 
categorically excluded from further review under Categorical Exclusion 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1

0
2. Add Sec.  165.T11-960 to read as follows:


Sec.  165.T11-960   Safety Zone; Winter on the Waterfront Fireworks 
Display, Berkeley, CA

    (a) Location. The following area is a safety zone: All navigable 
waters of the San Francisco Bay within 100 feet of the fireworks barge 
during loading and staging at Berkeley Marina Ferry Dock, Berkeley, as 
well as transit and arrival to the display location. From 3:00 p.m. on 
December 8, 2018 until approximately 4:00 p.m. on December 8, 2018, the 
fireworks barge will be loading and staged at Berkeley Marina Ferry 
Dock. The safety zone will expand to all navigable waters around and 
under the firework barge within a radius of 140 feet in approximate 
position 37[deg]51'58'' N, 122[deg]19'11'' W (NAD 83) 30 minutes prior 
to the start of the two 3-minute fireworks displays, scheduled to begin 
at 5:30 p.m. and 6:15 p.m. on December 8, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 3:00 p.m. on December 8, 2018 until 
approximately 6:45 p.m. on December 8, 2018. The Captain of the Port 
San Francisco (COTP) will notify the maritime community of periods 
during which these zones will be enforced via Notice to Mariners in 
accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entering into, transiting through, or anchoring within 
this safety zone is prohibited unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zones on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: November 29, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-26607 Filed 12-7-18; 8:45 am]
 BILLING CODE 9110-04-P



     63416            Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations

     Regulatory Procedures                                   List of Subjects in 20 CFR Part 401                   DATES:  This rule is effective from 3:00
                                                               Administrative practice and                         p.m. to 6:45 p.m. on December 8, 2018.
     Executive Order 12866, as
                                                             procedure, Privacy.                                   ADDRESSES: Documents mentioned in
     Supplemented by Executive Order
     13563                                                                                                         this preamble are part of docket USCG–
                                                             Nancy A. Berryhill,                                   2018–1017. To view documents
       We consulted with the Office of                       Acting Commissioner of Social Security.               mentioned in this preamble as being
     Management and Budget (OMB) and                           For the reasons stated in the                       available in the docket, go to http://
     determined that this final rule does not                preamble, we amend part 401 of title 20               www.regulations.gov, type the docket
     meet the criteria for a significant                     of the Code of Federal Regulations as set             number in the ‘‘SEARCH’’ box and click
     regulatory action under Executive Order                 forth below:                                          ‘‘SEARCH.’’ Click on Open Docket
     12866, as supplemented by Executive                                                                           Folder on the line associated with this
     Order 13563. Therefore, OMB did not                     PART 401—PRIVACY AND                                  rulemaking.
     review it.                                              DISCLOSURE OF OFFICIAL RECORDS                        FOR FURTHER INFORMATION CONTACT: If
       We also determined that this final                    AND INFORMATION                                       you have questions on this rule, call or
     rule meets the plain language                                                                                 email Lieutenant Emily Rowan, U.S.
                                                             ■ 1. The authority citation for part 401              Coast Guard Sector San Francisco;
     requirement of Executive Order 12866.                   continues to read as follows:                         telephone (415) 399–7443 or email at
     Executive Order 13132 (Federalism)                        Authority: Secs. 205, 702(a)(5), 1106, and          D11-SMB-SectorSF-WaterwaySafety@
                                                             1141 of the Social Security Act (42 U.S.C.            uscg.mil.
       We analyzed this rule in accordance                   405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C.
     with the principles and criteria                        552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103;          SUPPLEMENTARY INFORMATION:
     established by Executive Order 13132,                   30 U.S.C. 923.                                        I. Table of Abbreviations
     and we determined that the rule will not                ■ 2. Amend § 401.85 by adding
     have sufficient Federalism implications                                                                       APA Administrative Procedure Act
                                                             paragraph (b)(2)(ii)(G) to read as follows:           COTP U.S. Coast Guard Captain of the Port
     to warrant the preparation of a
                                                                                                                   DHS Department of Homeland Security
     Federalism assessment. We also                          § 401.85    Exempt systems.
                                                                                                                   FR Federal Register
     determined that this rule will not                      *      *   *    *     *                               COTP Captain of the Port
     preempt any State law or State                            (b) * * *                                           NOAA National Oceanic and Atmospheric
     regulation or affect the States’ abilities                (2) * * *                                             Administration
     to discharge traditional State                            (ii) * * *                                          NPRM Notice of Proposed Rulemaking
     governmental functions.                                   (G) Social Security Administration                  PATCOM U.S. Coast Guard Patrol
                                                             Violence Evaluation and Reporting                       Commander
     Executive Order 12372                                                                                         U.S.C. United States Code
                                                             System, SSA.
     (Intergovernmental Review)
                                                             *      *   *    *     *                               II. Background Information and
       The regulations effectuating Executive                [FR Doc. 2018–26594 Filed 12–7–18; 8:45 am]           Regulatory History
     Order 12372 regarding                                   BILLING CODE 4191–02–P                                   The Coast Guard is issuing this
     intergovernmental consultation on                                                                             temporary final rule without prior
     Federal programs and activities apply to                                                                      notice and opportunity to comment
     this rule.                                              DEPARTMENT OF HOMELAND                                pursuant to authority under section 4(a)
                                                             SECURITY                                              of the Administrative Procedure Act
     Regulatory Flexibility Act
                                                                                                                   (APA) (5 U.S.C. 553(b)). This provision
        We certify that this rule will not have              Coast Guard                                           authorizes an agency to issue a rule
     a significant economic impact on a                                                                            without prior notice and opportunity to
     substantial number of small entities                    33 CFR Part 165                                       comment when the agency for good
     because it affects individuals only.                    [Docket No. USCG–2018–1017]                           cause finds that those procedures are
     Therefore, the Regulatory Flexibility                                                                         ‘‘impracticable, unnecessary, or contrary
                                                             RIN 1625–AA00
     Act, as amended, does not require us to                                                                       to the public interest.’’ Under 5 U.S.C.
     prepare a regulatory flexibility analysis.              Safety Zone: Winter on the Waterfront                 553(b)(B), the Coast Guard finds that
                                                             Fireworks Display, Berkeley, CA                       good cause exists for not publishing a
     E.O. 13771                                                                                                    notice of proposed rulemaking (NPRM)
                                                             AGENCY:     Coast Guard, DHS.                         with respect to this rule. Since the Coast
       This rule is not subject to the
     requirements of Executive Order 13771                   ACTION:    Temporary final rule.                      Guard received notice of this event on
     because it is administrative in nature                                                                        November 7, 2018, notice and comment
                                                             SUMMARY:   The Coast Guard is                         procedures would be impracticable in
     and results in no more than de minimis                  establishing a temporary safety zone in
     costs.                                                                                                        this instance.
                                                             the navigable waters of San Francisco                    For similar reasons as those stated
     Paperwork Reduction Act                                 Bay near Berkeley Marina in support of                above, under 5 U.S.C. 553(d)(3), the
                                                             the Winter on the Waterfront Fireworks                Coast Guard finds that good cause exists
        These rules do not create any new or                 Display on December 8, 2018. This                     for making this rule effective less than
     affect any existing collections and,                    safety zone is necessary to protect                   30 days after publication in the Federal
     therefore, do not require OMB approval                  personnel, vessels, and the marine                    Register.
     under the Paperwork Reduction Act.                      environment from the dangers
                                                             associated with pyrotechnics.                         III. Legal Authority and Need for Rule
     (Catalog of Federal Domestic Assistance
     Program Nos. 96.001, Social Security—                   Unauthorized persons or vessels are                      The Coast Guard is issuing this rule
     Disability Insurance; 96.002, Social                    prohibited from entering into, transiting             under authority in 33 U.S.C. 1231. The
     Security—Retirement Insurance; 96.004,                  through, or remaining in the safety zone              Captain of the Port (COTP) San
     Social Security—Survivors Insurance; and                without permission of the Captain of the              Francisco has determined that potential
     96.006, Supplemental Security Income).                  Port of their designated representative.              hazards associated with the Winter on


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                      Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations                                        63417

     the Waterfront Fireworks Display on                     A. Regulatory Planning and Review                        Under section 213(a) of the Small
     December 8, 2018, will be a safety                                                                            Business Regulatory Enforcement
     concern for anyone within a 100 foot                       Executive Orders 12866 and 13563                   Fairness Act of 1996 (Pub. L. 104–121),
     radius of the fireworks barge and                       direct agencies to assess the costs and               we want to assist small entities in
     anyone within a 140 foot radius of the                  benefits of available regulatory                      understanding this rule. If the rule
     fireworks firing site. This rule is needed              alternatives and, if regulation is                    would affect your small business,
     to protect spectators, vessels, and other               necessary, to select regulatory                       organization, or governmental
     property from hazards associated with                   approaches that maximize net benefits.                jurisdiction and you have questions
     pyrotechnics.                                           Executive Order 13771 directs agencies                concerning its provisions or options for
                                                             to control regulatory costs through a                 compliance, please contact the person
     IV. Discussion of the Rule                              budgeting process. This rule has not                  listed in the FOR FURTHER INFORMATION
        This rule establishes a temporary                    been designated a ‘‘significant                       CONTACT section.
     safety zone during the loading, staging,                regulatory action,’’ under Executive
                                                                                                                      Small businesses may send comments
     and transit of the fireworks barge, until               Order 12866. Accordingly, this rule has
                                                                                                                   on the actions of Federal employees
     after completion of the fireworks                       not been reviewed by the Office of
                                                                                                                   who enforce, or otherwise determine
     display. During the loading and staging                 Management and Budget (OMB), and
                                                                                                                   compliance with, Federal regulations to
     of the pyrotechnics onto the fireworks                  pursuant to OMB guidance it is exempt
                                                                                                                   the Small Business and Agriculture
     barge, scheduled to take place from 3:00                from the requirements of Executive
                                                                                                                   Regulatory Enforcement Ombudsman
     p.m. to 4:00 p.m. on December 8, 2018,                  Order 13771.
                                                                                                                   and the Regional Small Business
     at Berkeley Marina Ferry Dock in                           This regulatory action determination               Regulatory Fairness Boards. The
     Berkeley, CA, the safety zone will                      is based on the limited duration and                  Ombudsman evaluates these actions
     encompass the navigable waters around                   narrowly tailored geographic area of the              annually and rates each agency’s
     and under the fireworks barge within a                  safety zone. Although this rule restricts             responsiveness to small business. If you
     radius of 100 feet.                                     access to the waters encompassed by the               wish to comment on actions by
        The fireworks barge will remain at                   safety zone, the effect of this rule will             employees of the Coast Guard, call 1–
     Berkeley Marina Ferry Dock until the                    not be significant because the local                  888–REG–FAIR (1–888–734–3247). The
     start of its transit to the display location.           waterway users will be notified via                   Coast Guard will not retaliate against
     Towing of the barge from Berkeley                       public Notice to Mariners to ensure the               small entities that question or complain
     Marina Ferry Dock to the display                        safety zone will result in minimum                    about this rule or any policy or action
     location is scheduled to take place from                impact. The entities most likely to be                of the Coast Guard.
     4:30 p.m. to 5:00 p.m. on December 8,                   affected are waterfront facilities,
     2018, where it will remain until the                    commercial vessels, and pleasure craft                C. Collection of Information
     conclusion of the fireworks display.                    engaged in recreational activities.
        At 5:00 p.m. on December 8, 2018, 30                                                                         This rule will not call for a new
     minutes prior to the commencement of                    B. Impact on Small Entities                           collection of information under the
     the two 3-minute fireworks displays,                                                                          Paperwork Reduction Act of 1995 (44
                                                                The Regulatory Flexibility Act of 1980             U.S.C. 3501–3520).
     scheduled to start at 5:30 p.m. and 6:15
                                                             (RFA), 5 U.S.C. 601–612, as amended,
     p.m., the safety zone will increase in                                                                        D. Federalism and Indian Tribal
                                                             requires federal agencies to consider the
     size and encompass the navigable                                                                              Governments
                                                             potential impact of regulations on small
     waters around and under the fireworks
                                                             entities during rulemaking. The term                     A rule has implications for federalism
     barge within a radius of 140 feet in
                                                             ‘‘small entities’’ comprises small                    under Executive Order 13132,
     approximate position 37°51′58″ N,
                                                             businesses, not-for-profit organizations              Federalism, if it has a substantial direct
     122°19′11″ W (NAD 83) for the Berkeley
                                                             that are independently owned and                      effect on the States, on the relationship
     Winter on the Waterfront Fireworks
                                                             operated and are not dominant in their                between the national government and
     Display. The safety zone shall terminate
                                                             fields, and governmental jurisdictions                the States, or on the distribution of
     at 6:45 p.m. on December 8, 2018.
        The effect of the temporary safety                   with populations of less than 50,000.                 power and responsibilities among the
     zone is to restrict navigation in the                   The Coast Guard certifies under 5 U.S.C.              various levels of government. We have
     vicinity of the fireworks loading,                      605(b) that this rule will not have a                 analyzed this rule under that Order and
     staging, transit, and firing site. Except               significant economic impact on a                      have determined that it is consistent
     for persons or vessels authorized by the                substantial number of small entities.                 with the fundamental federalism
     COTP or the COTP’s designated                              This rule may affect the following                 principles and preemption requirements
     representative, no person or vessel may                 entities, some of which may be small                  described in Executive Order 13132.
     enter or remain in the restricted areas.                entities: Owners and operators of                        Also, this rule does not have tribal
     These regulations are needed to keep                    waterfront facilities, commercial                     implications under Executive Order
     spectators and vessels away from the                    vessels, and pleasure craft engaged in                13175, Consultation and Coordination
     immediate vicinity of the fireworks                     recreational activities and sightseeing, if           with Indian Tribal Governments,
     firing sites to ensure the safety of                    these facilities or vessels are in the                because it does not have a substantial
     participants, spectators, and transiting                vicinity of the safety zone at times when             direct effect on one or more Indian
     vessels.                                                this zone is being enforced. This rule                tribes, on the relationship between the
                                                             will not have a significant economic                  Federal Government and Indian tribes,
     V. Regulatory Analyses                                  impact on a substantial number of small               or on the distribution of power and
       We developed this rule after                          entities for the following reasons: (i)               responsibilities between the Federal
     considering numerous statutes and                       This rule will encompass only a small                 Government and Indian tribes. If you
     executive orders related to rulemaking.                 portion of the waterway for a limited                 believe this rule has implications for
     Below we summarize our analyses                         period of time, and (ii) the maritime                 federalism or Indian tribes, please
     based on a number of these statutes and                 public will be advised in advance of                  contact the person listed in the FOR
     Executive orders, and we discuss First                  these safety zones via Notice to                      FURTHER INFORMATION CONTACT section
     Amendment rights of protestors.                         Mariners.                                             above.


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     63418            Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations

     E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T11–960 to read as                       Dated: November 29, 2018.
                                                             follows:                                              Anthony J. Ceraolo,
       The Unfunded Mandates Reform Act
     of 1995 (2 U.S.C. 1531–1538) requires                                                                         Captain, U.S. Coast Guard, Captain of the
                                                             § 165.T11–960 Safety Zone; Winter on the
                                                                                                                   Port, San Francisco.
     Federal agencies to assess the effects of               Waterfront Fireworks Display, Berkeley, CA
     their discretionary regulatory actions. In                                                                    [FR Doc. 2018–26607 Filed 12–7–18; 8:45 am]
                                                                (a) Location. The following area is a
     particular, the Act addresses actions                                                                         BILLING CODE 9110–04–P
                                                             safety zone: All navigable waters of the
     that may result in the expenditure by a                 San Francisco Bay within 100 feet of the
     State, local, or tribal government, in the              fireworks barge during loading and
     aggregate, or by the private sector of                  staging at Berkeley Marina Ferry Dock,                LIBRARY OF CONGRESS
     $100,000,000 (adjusted for inflation) or                Berkeley, as well as transit and arrival
     more in any one year. Though this rule                  to the display location. From 3:00 p.m.               Copyright Royalty Board
     will not result in such expenditure, we                 on December 8, 2018 until
     do discuss the effects of this rule                     approximately 4:00 p.m. on December 8,                37 CFR Part 380
     elsewhere in this preamble.                             2018, the fireworks barge will be
                                                             loading and staged at Berkeley Marina                 [Docket No. 14–CRB–0001–WR (2016–2020)
     F. Environment                                                                                                COLA 2019]
                                                             Ferry Dock. The safety zone will expand
       We have analyzed this rule under                      to all navigable waters around and
     Department of Homeland Security                                                                               Cost of Living Adjustment to Royalty
                                                             under the firework barge within a radius
     Management Directive 023–01 and                                                                               Rates for Webcaster Statutory License;
                                                             of 140 feet in approximate position
     Commandant Instruction M16475.1D,                                                                             Correction
                                                             37°51′58″ N, 122°19′11″ W (NAD 83) 30
     which guide the Coast Guard in                          minutes prior to the start of the two 3-              AGENCY:  Copyright Royalty Board (CRB),
     complying with the National                             minute fireworks displays, scheduled to               Library of Congress.
     Environmental Policy Act of 1969 (42                    begin at 5:30 p.m. and 6:15 p.m. on                   ACTION: Final rule; cost of living
     U.S.C. 4321–4370f), and have                            December 8, 2018.                                     adjustment; correction.
     determined that this action is one of a                    (b) Enforcement period. The zone
     category of actions that do not                         described in paragraph (a) of this                    SUMMARY:   This document corrects the
     individually or cumulatively have a                     section will be enforced from 3:00 p.m.               preamble to and one paragraph of the
     significant effect on the human                         on December 8, 2018 until                             final rule published in the Federal
     environment. This rule involves a safety                approximately 6:45 p.m. on December 8,                Register of November 28, 2018,
     zone of limited size and duration. It is                2018. The Captain of the Port San                     regarding the cost of living adjustment
     categorically excluded from further                     Francisco (COTP) will notify the                      (COLA) to the royalty rate that
     review under Categorical Exclusion                      maritime community of periods during                  noncommercial noninteractive
     L60(a) of Appendix A, Table 1 of DHS                    which these zones will be enforced via                webcasters pay for eligible
     Instruction Manual 023–01–001–01,                       Notice to Mariners in accordance with                 transmissions pursuant to the statutory
     Rev. 01. A Record of Environmental                      33 CFR 165.7.                                         licenses for the public performance of
     Consideration supporting this                              (c) Definitions. As used in this                   and for the making of ephemeral
     determination is available in the docket                section, ‘‘designated representative’’                reproductions of sound recordings.
     where indicated under ADDRESSES.                        means a Coast Guard Patrol                            DATES: Effective Date: January 1, 2019.
                                                             Commander, including a Coast Guard
     G. Protest Activities                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                             coxswain, petty officer, or other officer
       The Coast Guard respects the First                    on a Coast Guard vessel or a Federal,                 Anita Blaine, CRB Program Assistant, by
     Amendment rights of protesters.                         State, or local officer designated by or              telephone at (202) 707–7658 or by email
     Protesters are asked to contact the                     assisting the COTP in the enforcement                 at crb@loc.gov.
     person listed in the FOR FURTHER                        of the safety zone.                                   SUPPLEMENTARY INFORMATION: The
     INFORMATION CONTACT section to                             (d) Regulations. (1) Under the general             preamble and the regulatory language
     coordinate protest activities so that your              regulations in 33 CFR part 165, subpart               appearing on page 61125 in the Federal
     message can be received without                         C, entering into, transiting through, or              Register of Wednesday, November 28,
     jeopardizing the safety or security of                  anchoring within this safety zone is                  2018, reflected an error in calculating
     people, places or vessels.                              prohibited unless authorized by the                   the COLA for the rate for
                                                             COTP or the COTP’s designated                         noncommercial webcasters, and
     List of Subjects in 33 CFR Part 165                                                                           therefore the Judges make the following
                                                             representative.
       Harbors, Marine safety, Navigation                       (2) The safety zone is closed to all               corrections to the preamble and the final
     (water), Reporting and recordkeeping                    vessel traffic, except as may be                      rule:
     requirements, Security measures,                        permitted by the COTP or a designated                 Corrections
     Waterways.                                              representative.
       For the reasons discussed in the                         (3) Vessel operators desiring to enter               In FR Doc. 2018–25908 appearing on
     preamble, the Coast Guard amends 33                     or operate within the safety zone must                page 61125 in the Federal Register of
     CFR part 165 as follows:                                contact the COTP or a designated                      Wednesday, November 28, 2018, make
                                                             representative to obtain permission to                the following corrections:
     PART 165—REGULATED NAVIGATION                           do so. Vessel operators given permission              Preamble
     AREAS AND LIMITED ACCESS AREAS                          to enter or operate in the safety zone
                                                             must comply with all directions given to              ■ 1. In the SUPPLEMENTARY INFORMATION
     ■ 1. The authority citation for part 165                them by the COTP or a designated                      section, on page 61125 in the second
     continues to read as follows:                           representative. Persons and vessels may               column, in the third paragraph,
       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             request permission to enter the safety                ‘‘$0.0018’’ is corrected to read
     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               zones on VHF–23A or through the 24-                   ‘‘$0.0017’’ and in the third column, in
     Department of Homeland Security Delegation              hour Command Center at telephone                      the first full paragraph, ‘‘$0.0019’’ is
     No. 0170.1                                              (415) 399–3547.                                       corrected to read ‘‘$0.0018’’.


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Document Created: 2018-12-08 00:21:53
Document Modified: 2018-12-08 00:21:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 3:00 p.m. to 6:45 p.m. on December 8, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-SMB-SectorSF- [email protected]
FR Citation83 FR 63416 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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